HomeMy WebLinkAbout20110746 Ver 1_Approval Letter_20110829f??
NCDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Natural Resources
Dee Freeman
Secretary
August 29, 2011
Wake County
NCDWQ Project No. 20110746
SR 1444 (Lufkin Road)
TIP No. U-5118AB
CORRECTION:
APPROVAL of ISOLATED WETLANDS PERMIT Pursuant to IWGP100000 and NEUSE BUFFER
AUTHORIZATION, with ADDITIONAL CONDITIONS
Russell H. Dalton, P.E.
Town of Apex
73 Hunter Street
Apex, NC 27502
Dear Mr. Dalton,
You have our approval, in accordance with the conditions listed below, for the following impacts for the purpose of
realignment of SR 1444 in Wake County:
Isolated Stream Impacts in the Neuse River Basin
Site Permanent Fill in Temporary Impact to Total Stream Stream Impacts
Intermittent Stream Intermittent Stream Impact Requiring Mitigation
linear ft linear ft linear ft linear ft
1 182 11 193 182
Total 182 11 193 182
Total Isolated Stream Impact for Project: 182 linear feet.
Neuse Rinarian Buffer Imoacts
Site Zone 1 minus = Zone 1 Zone 1 Buffer Zone 2 minus = Zone 2 Zone 2 Buffer
Impact Wetlands Buffers (not Mitigation Impact Wetlands Buffers Mitigation
(sq ft) in Zone 1 wetlands) Required (sq ft) in Zone 2 (not Required (using
(sq ft) (sq ft) (using 3:1 ratio) (sq ft) wetlands) 1.5:1 ratio)
s ft
1 6886 0 6886 20658 6996 0 6996 10494
Totals 6886 0 6886 20658 6996 0 6996 10494
* n/a = Total for Site is less than 1/3 acre and 150 linear feet of impact, no mitigation required
Total Buffer Impact for Project: 13,882 square feet.
The project shall be constructed in accordance with your application dated received August 12, 2011. After
reviewing your application, we have decided that these impacts are covered by Isolated Wetlands General Permit
IWGP100000. This approval is also valid for the Neuse Riparian Buffer Rules (15A NCAC 28.0233). In addition,
you should acquire any other federal, state or local permits before you proceed with your project including (but not
limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations.
Transportation Permitting Unit
Wetlands & Stormwater Branch
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Phone: 91M07-6399 1 FAX: 919-807-6494
Internet: http:/lh21.enr.staie.nc.us/ncwetandcl
NorthCarolina
Natma!!y
An Equal Opportunity 1 Affirmative Acton Employer
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWQ and submit a new application. If the property is sold, the
new owner must be given a copy of this Certification and approval letter, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of total
impacts to streams (now or in the future) exceed 150 linear feet, compensatory mitigation may be required as
described in 15A NCAC 2H.0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B .0242(9). For this approval to remain valid, you must adhere to the conditions listed
below. This permit and approval replaces the one issued on August 24, 2011.
Conditions of Permit
1. Compensatory mitigation for 182 linear feet of impact to intermittent stream is required. We understand that you
have chosen to debit mitigation from the Forrest Creek Mitigation Bank (DWQ Project 920080229), purchased from
EarthMark Mitigation Services, LLC. This certification gives approval to the debiting of 182. linear feet of stream
mitigation from the Forrest Creek Mitigation Bank in order to satisfy the stream mitigation requirements of U-
5118AB. Mitigation credits must be purchased by the permittee before construction on this project may begin..
2. Compensatory mitigation for impacts to Neuse Riparian Buffers is required. The mitigation requirement includes
20,658 square feet of Zone 1 Buffers and 10,494 square feet of Zone 2 Buffers. We understand that you have chosen
to debit mitigation from the Forrest Creek Mitigation Bank (DWQ Project #20080229), purchased from EarthMark
Mitigation Services, LLC. This certification gives approval to the debiting of 31,152 square feet of Neuse Buffer from
the Forrest Creek Mitigation Bank in order to satisfy the buffer mitigation requirements of U-5118AB. Mitigation
credits must be purchased by the permittee before construction on this project may begin.
3. Unless otherwise approved in this permit, placement of culverts and other structures in open waters and streams,
shall be placed below the elevation of the streambed by one foot for all culverts with a diameter greater than 48 inches,
and 20 percent of the culvert diameter for culverts having a diameter less than 48 inches, to allow low flow passage of
water and aquatic life. Design and placement of culverts and other structures including temporary erosion control
measures shall not be conducted in a manner that may result in dis-equilibrium of wetlands or streambeds or banks,
adjacent to or upstream and down stream of the above structures. The applicant is required to provide evidence that the
equilibrium is being maintained if requested in writing by NCDWQ. If this condition is unable to be met due to
bedrock or other limiting features encountered during construction, please contact NCDWQ for guidance on how to
proceed and to determine whether or not a permit modification will be required.
4. If multiple pipes or barrels are required, they shall be designed to mimic natural stream cross section as closely as
possible including pipes or barrels at flood plain elevation and/or sills where appropriate. Widening the stream
channel should be avoided. Stream channel widening at the inlet or outlet end of structures typically decreases water
velocity causing sediment deposition that requires increased maintenance and disrupts aquatic life passage.
5. Riprap shall not be placed in the active thalweg channel or placed in the streambed in a manner that precludes
aquatic life passage. Bioengineering boulders or structures should be properly designed, sized and installed.
6. For any streams being impacted due to site dewatering activities, the site shall be graded to its preconstruction
contours and revegetated with appropriate native species.
7. All riparian buffers impacted by the placement of temporary fill or clearing activities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-woody
species by the end of the growing season following completion of construction. For the purpose of this condition,
maintained buffer areas are defined as areas within the transportation corridor that will be subject to regular NCDOT
maintenance activities including mowing. The area with non-maintained buffers shall be permanently revegetated with
native woody species before the next growing season following completion of construction.
8. Pursuant to 15A NCAC 2B.0233(6), sediment and erosion control devices shall not be placed in Zone I of any
Neuse Buffer without prior approval by NCDWQ. At this time, NCDWQ has approved no sediment and erosion
control devices in Zone 1, outside of the approved project impacts, anywhere on this project. Moreover, sediment and
erosion control devices shall be allowed in Zone 2 of the buffers provided that Zone 1 is not compromised and that
discharge is released as diffuse flow.
9. All stormwater runoff shall be directed as sheetflow through stream buffers at nonerosive velocities, unless
otherwise approved by this certification.
10. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact between
curing concrete and stream water. Water that inadvertently contacts uncured concrete shall not be discharged to
surface waters due to the potential for elevated pH and possible aquatic life and fish kills.
11. During the construction of the project, no staging of equipment of any kind is permitted in waters of the U.S., or
protected riparian buffers.
12. The dimension, pattern and profile of the stream above and below the crossing shall not be modified. Disturbed
floodplains and streams shall be restored to natural geomorphic conditions.
13. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life passage.
14. The Petmittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submitted for approval.
15. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures from
the most current version of NCDOT Construction and Maintenance Activities manual such as sandbags, rock berms,
cofferdams and other diversion structures should be used to prevent excavation in flowing water.
16. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream.
17. All mechanized equipment operated near surface waters must be regularly inspected and maintained to prevent
contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials.
18. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
certification.
19. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited.
20. The petmittee and its authorized agents shall conduct its activities in a manner consistent with State water quality
standards (including any requirements resulting from compliance with §303(d) of the Clean Water Act) and any other
appropriate requirements of State and Federal law. If NCD WQ determines that such standards or laws are not being
met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that
further conditions are necessary to assure compliance, NCDWQ may reevaluate and modify this certification.
21. A copy of this Water Quality Permit shall be maintained on the construction site at all times. In addition, the
Water Quality Permit and all subsequent modifications, if any, shall be maintained with the the on-site project
manager.
22. The outside buffer, wetland or water boundary located within the construction corridor approved by this
authorization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts to areas
within the fencing are prohibited unless otherwise authorized by this permit.
23. The issuance of this permit does not exempt the Permittee from complying with any and all statutes, rules,
regulations, or ordinances that may be imposed by other government agencies (i.e. local, state, and federal) having
jurisdiction, including but not limited to applicable buffer rules, stormwater management rules, soil erosion and
sedimentation control requirements, etc.
24. The Permittee shall report any violations of this certification to the Division of Water Quality within 24 hours of
discovery.
25. Upon completion of the project (including any impacts at associated borrow or waste sites), the permittee shall
complete and return the enclosed "Certification of Completion Form" to notify NCD WQ when all work included in the
isolated Wetlands Permit has been completed.
26. Native riparian vegetation (i.e, trees, and shrubs native to your geographic region) must be reestablished in the
riparian areas within the construction limits of the project by the end of the growing season following completion of
construction.
27. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with this
permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow sites, be
located in wetlands or streams, compensatory mitigation will be required since that is a direct impact from road
construction activities.
28. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosion
Control Planning and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures,
must be such that they equal, or exceed, the requirements specified in the most recent version of the
North Carolina Sediment and Erosion Control Manual. The devices shall be maintained on all
construction sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased
borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the North Carolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with
the requirements of the Sedimentation Pollution Control Act.
29. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved by this
Permit.
If you wish to contest any statement in the Permit you must file a petition for an administrative hearing. You may
obtain the petition form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is
received in the office of Administrative Hearings during normal office hours. The Office of Administrative
Hearings accepts filings Monday through Friday between the hours of 8:00am and S:OOpm, except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919)-733-2698, Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Rob Ridings at 919-807-6403.
Sincerely,
Coleen H. Sullins
Director
Cc: Eric Alsmeyer, US Army Corps of Engineers, Raleigh Field Office
Todd St. John, Kimley-Horn & Associates
Matthew R. Fisher, EarthMark North Carolina, LLC
Amy Chapman, NCDWQ
Eric Kulz, NCDWQ
NCDWQ Raleigh Regional Office
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